New Jersey Real Estate Law Questions & Answers

Q: I live in Bergen Cty and on pay my rent online thru their portal i never physically resigned a lease

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 16, 2017

If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.

Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney...
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Q: the apartment I moved into was not cleaned or painted, as agreed on the lease. What can I do?

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 14, 2017

You are probably out of luck if she has a receipt that she used a professional cleaner to clean the apartment and unless you stated what was going to be painted you may also lose on that one also.
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Q: I have a question about a late fee, if my rent was postmarked for the 4th and we have a senior citizen grace period

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 11, 2017

First, this section is only applicable if you are receiving social security or other government pensions in lieu of Social Security, disability benefits, SSI or Work First NJ benefits.

The rent has to be received within five business days of the due date. Unless your lease has a provision allowing for a later date payment based upon the postmark, it sounds like you were late.

Disclaimer: The provided information is for informational purposes only. This should not be...
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Q: Condo I rent is in foreclosure. In current lease until April 2018. Do I still owe rent to my landlord?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 10, 2017

You must continue making rent payments until you're otherwise directed by the present owner, or you receive notice that title has been transferred to the bank.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific legal advice. Any advice given here does not create an...
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Q: I am selling a lot. Buyer paying cash. Can I get two checks from the title company holding settlement?

2 Answers | Asked in Real Estate Law for New Jersey on
Answered on Oct 10, 2017

Shouldn't be a problem. Just speak with them.
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Q: When does property that was willed to me become mine? It is still deeded under my father's name.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 5, 2017

The property "officially" becomes yours once the personal representative of your father's estate executes a will. There may be several other things that need to be done to give you clear title. You will need to receive an inheritance tax waiver from the NJ Division of Taxation. This may or may not require the filing of tax returns by the estate.

The personal representative also has to marshall all the other assets of the estate, to ensure that all distributions can be made. You...
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Q: Can an HOA prohibit school vans transporting kids w/ disabilities (mandated door-to-door on IEPs) inside the community?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 4, 2017

This question is a first for me. I'm not positive, but it sure sounds like it would be against public policy and also a violation of the ADA. But to be sure, the HOA's rules and regulations would have to be reviewed.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific...
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Q: We are selling a home in New Jersey. We received a contract offer on the house that was not signed by the buyer.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 3, 2017

There is no valid contract until both parties sign. Further, in New Jersey, most buyers' attorneys will cancel the contract under the attorney review provisions, and then offer proposed amendments (which is basically what you did).

The better answer would have been for you to have your attorney review the contract. He/she could have proposed the same changes at that time.

I might add that $750 seems awful high just to review a contract.)

Disclaimer: The provided...
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Q: Will i qualify for a bana fide lease in nj if..

2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Answered on Oct 3, 2017

You should sit down with an attorney to go over your rights. It sounds like your former landlord is out of the picture, and you now have the bank as your landlord. You have options.
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Q: Lease ended 4/1. On month to month (not in writing). Landlord sent text last night, wants me out asap. What are rights?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 3, 2017

Landlord can only force you out through the courts.

If you are in an owner occupied, two or three family home, he can evict you without cause with one month's notice. Otherwise, he needs cause.

Owing rent is cause. Habitual late payments also is.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice....
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Q: How common are deficiency judgments on foreclosed homes? The home was included in bankruptcy. I have no money to pay.

2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Answered on Oct 3, 2017

If you were in bankruptcy and received a discharge, then you are not going to be facing a deficiency judgment.

Many banks do not pursue deficiency judgments unless they are sure it will be profitable for them.
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Q: What does this mean re: Title 46 - PROPERTY Section 46:8B-38 at bottom-L.1980, c. 103, s. 3, eff. Sept. 11, 1980.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Sep 22, 2017

That is when the law was originally passed - Chapter 103, Section 3 of the 1980 legislative session New Jersey. The law became effective on September 11, 1980.
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Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Sep 19, 2017

If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.

If the notice to cease wasn't sent, or was not properly sent, or other intervening actions occurred, it's possible you may be able to stay.

As far as showing the apartment, the landlord's access to the apartment is defined by...
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Q: My neighbor 2 yrs ago took down all but 2 sections of a deplorable fence that is on our shared boundary line.

2 Answers | Asked in Real Estate Law for New Jersey on
Answered on Sep 18, 2017

If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.

That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.
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Q: We purchased a a flipped, bank owned home, and found out later that it seemed the sellers hid many problems.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Sep 18, 2017

If a seller purposefully hid and misrepresented known material issues to you, you may have recourse.

You should see the attorney that represented you in the purchase, and review the home inspection report with the attorney.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted...
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Q: Can someone else sign as seller for me on a real estate transaction in New Jersey if I am unavailable?

2 Answers | Asked in Real Estate Law for New Jersey on
Answered on Sep 17, 2017

Apparently you have the ability to Email, as established by your posting this question, so what would prevent you from now acting on your own behalf?
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Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.

1 Answer | Asked in Land Use & Zoning, Patents and Real Estate Law for New Jersey on
Answered on Sep 11, 2017

No.

Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.

You will have to continue to pay taxes. Sorry.

(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer. Corrections are welcomed)
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Q: Can my husband get a less share in the properties after divorce?

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Answered on Sep 9, 2017

You need an in person consultation and a review of all documents, as well as your entire situation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally...
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Q: I am getting ready to list my rental property for sale .

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Aug 31, 2017

The best way is to call them. They still have their rights under the lease, and unless one of the causes under the anti-eviction act are met, whomever buys the property will inherit them as a tenant.
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Q: My father in law passed away and left a will and had an estate. House sold on 8/7/17. To date we have not received money

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Aug 29, 2017

It sure could take a while. Depends if inheritance tax and estate tax returns were filed yet. Call the attorney.
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